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Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

....arch 12, 2012. Result: The petitions are disposed of. Case Referred to- Ramashraya Chakrabarty Vs. State of MP AIR 1976 SC 392. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. (In all the cases) Md. Aftab Hossain, Advocate-on-......J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahidur Rahman Khadem...............Petitioner (In all the cases) Vs. State and others………………………......... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

...., Ministry of Civil Aviation, and others…………..... Respondents. Judgment March 8, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-for the petitioner Azmalul Hossain with Mr. Mejbahur Rahman, advocates-for the respo......ssain Haider J Muhammad Khurshid Alam Sarkar J Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others………...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....sh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment March 5, 2012. Result: The rule is discharged. Lawyers Involved: Enayet Hossain, Advocate with Ziaul Hoque, Advocate—For the Petitioner. MI Farooqui, with Md. Sadikur Rah......ivision (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties ......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....27) Lawyers Involved: Mahbub Shafique with KM Hafizul Alam—For the Petitioner No.3. Shafiul Basher Bhandary, Deputy Attorney General—For the State. Khurshid Alam Khan, Advocate—For the ACC. Criminal Revision Case No.1631 of 1994. Judgment Md. Emda......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mojibur Rahman (Md.) and others........Petitioners Vs. State…………………………&helli......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

....he Registrar of Joint Stock Companies and Firms ….Respondent Judgment March 4, 2012. Result: The application is allowed. Lawyers Involved Mohammad Hedayet Hossain, Advocate-For the petitioner. Company Matter No. 40 of 2012 Judgment AFM Abdur Rahman...... Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Abdur Rahman J Dulal Brothers Ltd......................................Petitioner Vs. The Registrar of Joint Stock Companies and Firms ….Respondent Judgment March...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....n the other hand a চাকুরীচ্যুত কর্মচারী will not get the said benefit of absorption……………………(20) Lawyers Involved:  K.M. Hafizul Alam, Advocate - For the Petitioner Nos.2, 3 and 6.  Shafiul Basher Bhandery, Deputy Attorney-Gene......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mahbubur Rahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Resu......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

.... (RAJUK) Vs. MN Alam and Associates Ltd., 54 DLR 161; Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd., 55 DLR 578. Lawyers Involved: Fawzia Karim Firoz with Khondaker Aminul Haque, Advocates - For the Petitioner.  Humayun Kabir Sikder, Advocate - For Opposite Parties. C......Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Chittagong Steel Mills Ltd...............................Petitioner Vs. TM Syndicate & others..........................Opposite Parties Judgment March 4, ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....ends of justice. But the exercise of the inherent power must necessary depend on the facts and circumstances of each par­ticulars case……………………(20) Lawyers Involved: Rahmat Ali, Advocate - For the Petitioner. KM Zahid Sarwar Deputy Attorney-General - For the State. Crimi......83. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

..... Ali Hossain and another................................Respondents Judgment March 4, 2012. Result: The appeal is dismissed. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Altab Hossain, Advocate-on-Record-For the Petitioner. Abdur Razzaqu......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment M...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....y these sections of the Limitation Act will have no application in any suit, appeal or application under that special law………………………………(10) Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellant. Md. Kamal Ho......t: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Shamsul Huda J Abdul Wahab Sheikh………………………….......Appellant Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others…………Respondents Judgment Marc......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......sed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

.........................................................Respondent Judgment March 1, 2012. Result: The petition is dis­missed. Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not re....... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Nurul Alam alias Nurul Alam Chowdhury.........Petitioner Vs. The State.........................................................Respondent Judgment ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......tion is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....etexts, when the victim narrated them the manner of occurrence in details. P.W.9 Arshad Ullah, another hearsay witness stated that he saw Asid Mia, Balai and Shahin to take the victim to the house of Advocate Sunil, wherefrom she was taken to hospital. 11. P.W.8 Aftab Uddin Chowdhury, one of th...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Nobendu Das alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment Februa......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:...... convicting the petitioner under section 10(2) of the Nari-o- Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Informant, Sanjoy Kumar Das (P.W.5) lodged an ejahar with Moulvibazar Police Station on 22.4.1998 against the petition..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....nd others.................Respondents (In both the cases) Judgment February 26, 2012. Result: Both the petitions are dismissed. Lawyers Involved: Tofailur Rahman, Senior Advocate instruct­ed by Chowdhury Mohammad Jahangir, Advocate-on-Record—For the Petitioner (In bo...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ...... circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....desh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44 DLR (AD) 98; Waliullah Vs. Hasina Begum, 23 BLD 67=8 BLC 694. Lawyers Involved: Zafar Sadeque, Advocate—For the Petitioners. Nasima Akhter Shanu, ABM Nurul Islam, Advocates—For t...... High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Rahima Khatun and another...............Defendant-Petitioners Vs. Sufia Begum and others......................Plaintiff-Opposite-Parties Judgment F......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......oes not create any right, title, interest or title of the purchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh, represented by ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

.... Result: The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawyers Involved: ATM Mizanur Rahman, Advocate—For the Petitioner. Ziaul Hasan, Advocate—For the Respondent No.3. Md......h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment  Febr......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)

....r, this is solely in the discretion of the concerned officials of the Government.……………………(10) Lawyers Involved: Murad Reza, Additional Attorney General instructed by B. Hossain, Advocate-on-Record—For the Petitioners. Lutfor Rahman Mondal, Advocate instructed by Md. Abu Si......angladesh rep­resented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others ...................................................Petitioners Vs. Mozammel Haque and others............Respondents Judgment February 23, 2012. Result......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......etition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ahbag, Dhaka, Bangladesh and others………...... Respondents. Judgment February 19, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. Abdul Baset Majumder with M. Sayed Ahmed, Advocate-for the Resp......(Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Human Rights and Peace for Bangladesh (HRPB) and others................ Petitioner. Vs. Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Bangladesh......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....he defendant for comparison by a handwriting expert if the parties make any prayer in that regard…………………………………………(5) Lawyers Involved: Saifuddin Ahmed Chowdhury, Advocate, instructed Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. Mahbubey Alam......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Dream Land Properties Ltd.................................................................Petitioner Vs. Hazi Abdul Wazed being died his heirs; 1. Abul Kashem and others..........Respondents Jud......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......osed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

.... Case Referred to- 37 DLR (AD) 1;Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri, AIR 1922 PC 48 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61 Lawyers Involved: ABM Bayezid, Advocate— For Appellant None appears—For the Respondent First Appeal No. 209 o...... Md. Abu Zafor Siddique J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ......;. Respondent Judgment February 14, 2012 Result: The appeal is dismissed. The Court of Law— Case Referred to- 37 DLR (AD) 1;Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri, AIR 1922 PC 48 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61 Lawyers Invo..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....] P 47 at 50-51, D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, Farooq Ahmed Khan Leghari Vs. Federation of Pakistan and others, PLD 1999 SC 57. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Amirul Islam, S...... for Leave to Appeal here. Supreme Court Appellate Division Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment ......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262